Composition of Dossiers for Issuing Construction Permits for Essential Works within the Railway Land Boundaries: What Do They Include?
Components of the Dossier for Issuance of Building Permits for Essential Projects within Railway Land Boundaries
According to the regulations in Section 4, Part 2 issued together with Decision 699/QD-BGTVT of 2022, the components of the dossier for issuing building permits for essential projects within railway land boundaries include:
- Application for the issuance of a building permit
- Original or certified copy or copy with comparison to the original or legally valid electronic copy (for administrative procedures performed in electronic environments) of the following documents:
+ Decision on project approval or document assigning the project investor responsibilities;
+ Decision on technical design approval or construction drawing design; current status photos (for renovation and upgrading projects);
+ Technical design dossier or construction drawing design approved;
+ Legal document from the competent state management agency confirming the project cannot be located outside the railway land boundaries: Documents on the planning approved by the competent authority or agreement of the district-level People's Committee or higher related to the construction within the railway land boundaries;
+ Overall project schedule approved by the competent authority;
+ Construction organization plan and measures to ensure traffic safety and construction safety during execution.
Components of the dossier for issuing building permits for essential projects within railway land boundaries (Image from the Internet)
Which Authority Issues Building Permits for Essential Projects within Railway Land Boundaries?
According to the regulations in Subsection 4.6, Section 4, Part 2 issued together with Decision 699/QD-BGTVT of 2022, the regulations are as follows:
Administrative procedure-executing agency:
- Authoritative resolution agency: Vietnam Railway Administration, Agency according to the delegation of authority from the Provincial People's Committee;
- Agency or person authorized or delegated to perform: None;
- Direct administrative procedure-executing agency: Vietnam Railway Administration, Agency according to the delegation of authority from the Provincial People's Committee;
- Coordinating agency: Railway infrastructure business enterprises, Urban railway business enterprises, and specialized agencies according to the delegation of the Provincial People's Committee.
Thus, the competent authority to issue building permits for essential projects within railway land boundaries is the Vietnam Railway Administration or Agencies according to delegation from the Provincial People's Committee.
Procedure for Issuing Building Permits for Essential Projects within Railway Land Boundaries
According to the regulations in Section 4, Part 2 issued together with Decision 699/QD-BGTVT of 2022, the procedure for issuing building permits for essential projects within railway land boundaries is as follows:
Step 1: Submit the dossier
The organization that is the project investor requiring to construct within railway land boundaries shall prepare 01 set of application dossiers, submit directly or send by post or electronically to the competent authority:
- Vietnam Railway Administration for essential projects within national railway land boundaries;
- Agency according to delegation and authorization of the Provincial People's Committee for essential projects within urban railway land boundaries.
Step 2: Administrative procedure resolution
- In case of direct submission, the competent authority is responsible for providing results on the components of the application on the working day;
- In case of submission by post or electronically, if the application components are not complete as regulated, within 02 working days, the competent authority shall provide written guidance for completion of the dossier;
- Within 02 working days, from the date of receipt of the complete application, the competent authority for issuing the building permit is responsible for sending the dossier to relevant agencies and units for opinions:
+ Railway infrastructure business enterprises for national railway construction projects;
+ Urban railway business enterprises and specialized agencies according to the delegation of the Provincial People's Committee for urban railway construction projects.
- After receiving the opinion request from the competent authority, within 05 working days, the consulted agency or organization is responsible for providing written feedback. Beyond this period, if there is no feedback, it is considered accepted and the organization must bear responsibility for not responding or delayed response;
- The time for resolving the dossier is 10 working days from the date of receiving the complete dossier as regulated. If no decision is issued, a written response with reasons must be provided.
- In case of performing electronically, the project investor requiring to construct within railway land boundaries shall prepare an application including files containing the scanned original documents as regulated and perform on the website: https://dichvucong.mt.gov.vn.
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